NIKSON J. Vs. CHERANALLOOR GRAMA PANCHAYATH

JUDGEMENT

(1.) The petitioner has approached this Court impugning Ext.P6 communication of Cheranaloor Grama Panchayat, as per which, the application for Building Permit, to make a construction in his property, has been rejected citing the reason that the said property comes within the prohibited Zone under the Coastal Regulatory Zone. The petitioner asserts that Ext.P6 is untenable, because the Panchayat could not have taken a unilateral decision, without first obtaining the opinion and views of the 3rd respondent Kerala Coastal Zone Management Authority; and thus prays that Ext.P6 be set aside and the Panchayat be directed to reconsider his application in terms of law.

(2.) The learned Standing Counsel for the Panchayat submits that it is true that Ext.P6 was issued rejecting the petitioner's application without referring the same to the Coastal Zone Management Authority (KCZMA). He says that, therefore, if this Court is so inclined, the Panchayat is willing to reconsider the application after obtaining the concurrence of the KCZMA.

(3.) Sri.M.P.Prakash-learned Standing Counsel for the 3rd respondent- Coastal Zone Management Authority, submits that he has nothing specifically to comment on these issues at this time, but that as and when the Panchayat forward the application of the petitioner with the relevant documents, his client will consider the same in terms of the applicable notifications and inform the Panchayat appropriately.